Euro‐vision of energy trade with Russia: Current problems and future prospects for EU solidarity in energy trade

Turksen, Umut

Abstract

This article provides an analysis of the legal framework against which the energy trade between the European Union (EU) and the Russian Federation (Russia) has been conducted. In doing so the EU’s ability and duty to operate its external energy trade in solidarity are analysed. In addition, the article assesses whether and to what extent the current EU – Russia energy trade is conducted within the confines of a rule based system. In order to illustrate the arguments, the relevant jurisprudence and EU Member State practices are utilised. It is concluded that principle of solidarity is a legal requirement which is embedded in the acquis communautaire of the EU therefore it shall be observed. However, the energy polices across the EU indicate that Member States do not act in solidarity when it comes to their energy relations with Russia. Furthermore, the overall framework for EU – Russia energy trade does not amount to one that is based on the rule of law as it lacks a number of essential elements inter alia an independent adjudication, effective and predictable legal redress and enforcement mechanisms. These characteristics expose the EU and its citizens to risk and uncertainty.

• Journal Article Type: Article
• Publication Date: Oct 22, 2014
• Deposit Date: Mar 12, 2015
• Publicly Available Date: Dec 2, 2016
• Journal: Oil, Gas & Energy Law Intelligence
• Print ISSN: 1875-418X
• Peer Reviewed: Peer Reviewed
• Volume: 4
• Pages: 1-40
• Keywords: European Union, energy trade, solidarity, Russia, energy security
• Public URL: https://uwe-repository.worktribe.com/output/810280
• Publisher URL: http://www.ogel.org/article.asp?key=3505
• Related Public URLs: http://www.ogel.org/about-author-a-z-profile.asp?key=2391
• Contract Date: Dec 2, 2016